Terms of Service

Introduction

All services provided by Perfect Innovations Pty Ltd ("Perfect Innovations") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Perfect Innovations from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Perfect Innovations servers, or any other server on the Internet. Links to such materials are also prohibited.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, PERFECT INNOVATIONS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Governing Law

Perfect Innovations controls and operates this site from its office in Victoria, Australia. These 'Terms of Service' are governed by the laws of the State of Victoria. You and Perfect Innovations agree to submit to the exclusive jurisdiction of the Courts of that State. If you choose to access this site from a location other than Victoria, you are responsible for compliance with applicable local laws.

Payments and Fees

Service will be interrupted on accounts for non-payment . Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of Perfect Innovations. Accounts not paid by due date may be subject to a late fee at the sole discretion of Perfect Innovations.

Server Abuse

Any attempt to undermine or cause harm to a server or client of Perfect Innovations is strictly prohibited. As our client you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Perfect Innovations must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the account activation date of each month, Perfect Innovations shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Perfect Innovations by no later than the specified payment due date. Perfect Innovations shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Perfect Innovations to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Perfect Innovations and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money Back Guarantee

We offer a 30 day money back guarantee on all shared & reseller hosting services provided. Domain Registrations, Domain Transfers, Domain Addons, SSL Certificates, IP Addresses, Account Addons, Account Transfers, Development and SEO services are final & non refundable. If the client has received a free domain name with the web hosting account, the cost of the domain registration will be deducted from the refund.

Cancellation Refunds

We do not refund partial monthly fees to accounts. All shared and reseller account cancellations must be submitted 7 days before the next billing cycle. Dedicated server, SEO services and all other account cancellations must be made 30 days before the next billing cycle notice. Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, client will automatically be billed for any excess usage during the then-current calendar month.

To cancel an account, client must submit a cancellation request via a ticket request from the e-mail address listed within our billing system. Clients can also cancel a product/service via the clients area directly, http://www.perfectinnovations.com.au/clients/

Failure to Pay

Perfect Innovations may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Limitation of Liability

Perfect Innovations shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Perfect Innovations servers going off-line or being unavailable for any reason whatsoever. Furthermore, Perfect Innovations shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Perfect Innovations servers. All damages shall be limited to the immediate termination of service.

Customers Warranties, Liabilities and Undertakings

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.

You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.

You undertake that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.

You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such access to us.

You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.

Perfect Innovations's Warranties and Liabilities

We accept liability for the supply of the Services to the extent provided in this agreement.

We do not warrant that:

the Services provided under this agreement will be uninterrupted or error free;

the Services will meet your requirements, other than as expressly set out in this agreement; or

the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Perfect Innovations.

Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.

We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:

the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or

the repair of the goods or payment of the cost of having the goods repaired; the supplying of the Services again; or

the payment of the cost of having the Services supplied again.

We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.

Violations

Violations of these Acceptable Use Policies should be referred to
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. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Perfect Innovations cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Perfect Innovations are resold. Thus, certain equipment, routing, software and programming used by Perfect Innovations are not directly owned or written by Perfect Innovations. Moreover, Perfect Innovations holds no responsibility for the use of our client's accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Perfect Innovations sees fit.

Account Activation

By activating your account with Perfect Innovations, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Service Uptime Guarantee

Perfect Innovations guarantees 99.9% service (http, https ftp, pop, imap, smtp) uptime on all web hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

If the uptime of a web site is less than 99.9%, Perfect Innovations will issue credit to the hosting client in accordance with the below credit schedule, with the credit being calculated on the basis of the monthly service charge for the affected service.

Service Availability

Time

Credit

99.9 - 100%

0 to 43.2 minutes

0%

98 - 99.8

43.2 mins to 14 hrs 24 mins

10%

94 - 97.9

14 hrs 24 mins to 36 hrs

20%

90 - 94.9

36 hrs to 72 hrs

50%

89% or below

more than 72 hrs

100%

Exclusions

Scheduled Maintanence - Our systems will require periodic maintainence and upgrades that may or may not result in services being unavailable for certain periods. This is part of our continuing commitment to providing our clients with the highest quality services available.

Outages caused by the actions beyond Perfect Innovations's control (including, without limitation, acts of any governmental body, war, terrorism, or "Acts of God" (e.g. fire, tornado, flood, earthquake), including but not limited to Scheduled Maintanence or Service Downtime; DOS attacks or other forms of intrusion are excluded from the uptime/downtime calculations, applications, equipment or facilities of a client or acts or omissions by a client; DNS issues not within the Company's control; and/or client acts, such as lioken scripts or misconduct or use of the service in lieach of the Perfect Innovations's other terms of service, including the Acceptable Use Policy and Privacy Policy and any additional terms and conditions established by Perfect Innovations.

This Service Uptime Gurantee does not cover Service Downtime caused by problems related to (i) a customer's local area network; (b) customer-provided Internet connectivity or end-user software; or (c) anything inside customer's internal network, including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

Credit Request and Payment Procedures

In order to receive a credit, client must submit a request directly to via our clients area. Each request in connection with this SLA must include the dates and times of the unavailability of client's service and must be received by Perfect Innovations within fifteen (15) business days after clients's service was not available. If the unavailability is confirmed by Perfect Innovations, credits will be applied within 30 days after Perfect Innovations's receipt of clients's credit request. Credits are not refundable and can be used only towards future billing charges.

The total amount credited to client in a particular month under this SLA shall not exceed the total hosting fee paid by client for such month for the affected services. Credits are exclusive of any applicable taxes charged to client or collected by Perfect Innovations.

System Resource Usage

In order to ensure speed, relaiblity & server performance over any given time all hosting services are subject to certain resource limitations concerning, but not limited to, server CPU usage, memory usage, database usage, e-mail usage etc. If a hosting account exceeds the allowed amount of system resources, the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account will be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a CPU upgrade or a service allowing for higher resources. You may refer to the following table below at any given time to determine if your account exceeds the resource limits allocated:

Processor & Memory (CPU/MEMORY) Restrictions

Memory for any given processor 512 MB.

Excess of 15 seconds.

Number of open files should not exceed 64.

Number of simultaneous processes should not exceed 25.

Database (MySQL) Restrictions

30 concurrent MySQL connections.

Queries should not exceed 10,000 per hour.

Email (POP3/IMAP/SMTP) Resitrctions

Files in excess of 15 MB should not be sent via email.

POP3 connections are limited to 60 per hour.

Sending emails including but not limited to mailing lists should be throttled to send out no more then 200 e-mails per hour.

If any hosting account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal without notice, depending on the situation. Perfect Innovations will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.

File Hosting

File hosting and file storage of any type is strictly prohibited on any and all servers within the Perfect Innovations's network. You MAY NOT use your Perfect Innovations account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like download.com or similar and you may not use your Perfect Innovations account as storage repository for MP3, games, video, audio or music files.

Backups and Data Loss

Your use of the Perfect Innovations service is at your sole risk. Perfect Innovations is not responsible for any and all files and data residing on your account on our servers. Perfect Innovations cannot guarantee that the contents of a web site will never be corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any Perfect Innovations server to which you have an account on. In the case that an account backup is required to be restored from a server backup performed by Perfect Innovations a $15.00 fee will incur.

Termination of Data

For your privacy, all data and files from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your Perfect Innovations account.

Indemnification

Perfect Innovations wishes to emphasize that in agreeing to the Perfect Innovations Acceptable Use Policy (AUP) and Terms of Service (ToS), client indemnifies Perfect Innovations for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Perfect Innovations or the bringing of any claim against Perfect Innovations by any third-party. This means that if Perfect Innovations is sued because of a client's or a client of a client's activity, the client will pay any damages awarded against Perfect Innovations, plus all costs and attorney's fees.

Client Content

You, as Perfect Innovations's client, are solely responsible for the content stored on and served by Perfect Innovations's server. client acknowledges that web site construction and management is client's responsibility. Perfect Innovations is not responsible for web site management or files lost or damaged by client.

Revisions to This Policy

Perfect Innovations reserves the right to revise, amend, or modify this Policy, and our other policies and agreements at any time and in any manner. Our current terms will always be available on our website.